Javian Developments Pty Ltd v The Hills Shire Council [2019] NSWLEC 1321

Javian Developments Pty Ltd v The Hills Shire Council [2019] NSWLEC 1321

The appeal is upheld and development consent granted on the basis that the parties have reached agreement, jurisdictional prerequisites for granting consent have been satisfied, and the decision is one the Court could have made in the proper exercise of its functions. No merits assessment was undertaken.

Jurisdiction
Australia
Judgment Date
09 July 2019
Procedural Posture
Class 1 Appeal / Orders Following Conciliation Conference
Outcome
Appeal upheld, development consent granted subject to conditions, costs ordered.
Legal Topics
['development Application' 'conciliation Conference' 'land Contamination' 'subdivision' 'housing Development']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'land Contamination' 'subdivision' 'housing Development']

Case Brief

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Procedural Posture

Class 1 Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the Court should grant development consent for demolition, subdivision, and construction of residential lots' 'Whether jurisdictional prerequisites are met for development consent under relevant planning instruments']

Ratio Decidendi

The appeal is upheld and development consent granted on the basis that the parties have reached agreement, jurisdictional prerequisites for granting consent have been satisfied, and the decision is one the Court could have made in the proper exercise of its functions. No merits assessment was undertaken.

Court Disposition

Appeal upheld, development consent granted subject to conditions, costs ordered.

Orders

  • ['Applicant granted leave to rely on amended plans.' "Applicant to pay Respondent's costs in the agreed amount ($6,000.00) within 14 days." 'Appeal upheld.' 'Development Application No. 1184/2018/ZE for demolition, subdivision creating 42 residential lots, construction of 28 semi-detached dwellings and 14 dwelling...